What is the significance of canceled matter in U.S. patent files?
Canceled matter in U.S. patent files has specific implications for prior art considerations:
- Canceled matter in the application file of a U.S. patent or U.S. application publication is not considered a proper reference as of the filing date under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e).
- However, canceled matter can be used as prior art as of the patent or publication date under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a).
As stated in MPEP 901.01: “Canceled matter in the application file of a U.S. patent or U.S. application publication is not a proper reference as of the filing date under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e).” This means that canceled content cannot be used to establish an earlier prior art date based on the filing date of the application.
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